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2021 DIGILAW 1288 (RAJ)

Chaina Ram v. State Of Rajasthan

2021-08-03

MANOJ KUMAR GARG, SANDEEP MEHTA

body2021
JUDGMENT 1. Heard learned counsel for the appellant-applicant, learned Public Prosecutor and perused the material available on record. 2. The appellant was granted bail and his sentences were suspended by this Court in this appeal vide order dated 07.03.2019. The appellant did not appear before this Court to mark his presence on 09.04.2019 and thereafter, numerous opportunities were given to his counsel to ensure compliance but the appellant failed to do so on which, his bail bonds were forfeited and warrant of arrest was issued against the appellant and he was re-arrested on 10.02.2020. Since then, he is in custody. It may be stated here that during the period of his abscondance, two FIRs of theft were registered at the Police Stations Sojat City and Jaitaran in which, the appellant has been found involved. 3. We have concluded the proceedings under Section 446 CrPC initiated against the appellant and his sureties by a separate order today. 4. Having regard to the peculiar facts and circumstances as available on record, we are inclined to grant one more opportunity to the appellant to pursue this appeal while being on bail. Accordingly, the instant second application for suspension of sentences filed under Section 389 CrPC is allowed and it is ordered that the sentences passed by the learned Additional Sessions Judge, Sojat, District Pali vide judgment dated 23.05.2017 in Sessions Case No.01/2013 (CIS No.15/2014) against the appellant-applicant Chaina Ram S/o Shri Parasmal shall remain suspended till final disposal of the appeal and he shall be released on bail subject to the presentation of the receipt of deposit of amount in the proceedings under Section 446 CrPC and upon furnishing a personal bond in the sum of Rs.1,00,000/- and two sound and solvent sureties in the sum of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 03.09.2021 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided. 2. That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court. 3. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided. 2. That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court. 3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court. 5. The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant(s) was/were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused applicant(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.